Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1. The DRO shall produce unopened all envelopes containing declaration votes of the kind to which the preliminary scrutiny relates received by the DRO:
(a) in the case of the first preliminary scrutiny--before the commencement of that scrutiny; and
(b) in the case of a subsequent preliminary scrutiny--after the commencement of the last preceding preliminary scrutiny and before the commencement of the subsequent preliminary scrutiny.
2. All written applications for postal votes not already dealt with at a preliminary scrutiny shall be produced at each preliminary scrutiny of postal votes.
3. If the DRO has reason to doubt that the signature on the postal vote certificate that purports to be the elector's signature is the elector's signature, the DRO must check the signature against the most recent record (if any) of the elector's signature that is available to the DRO.
3A. For each envelope in relation to which the following paragraphs are satisfied:
(a) the envelope purports to contain a provisional vote ballot-paper;
(b) the DRO has reason to doubt that the signature on the envelope that purports to be the elector's signature is the elector's signature;
the DRO must check the signature against the most recent record (if any) of the elector's signature that is available to the DRO. If, after so checking the signature, the DRO is not satisfied that the signature on the envelope is the signature of the elector, the DRO must make all reasonable attempts to contact the elector within 3 days after the referendum, to require the elector to provide evidence of his or her identity by the first Friday following the voting day for that referendum.
4. The DRO shall divide the envelopes being dealt with into groups, as follows:
(a) in one group, the envelopes that meet the requirements of paragraph 6;
(b) in another group, the envelopes that do not meet those requirements.
5. The DRO shall, without opening the envelopes, subject to the operation of paragraphs 19 and 20, exclude from further scrutiny the ballot-papers contained in envelopes that do not meet the requirements of paragraph 6.
6. An envelope meets the requirements of this paragraph if the DRO is satisfied:
(a) in the case of an envelope purporting to contain a postal ballot-paper, other than an envelope sent under section 58 to a registered general postal voter who was registered on the ground specified in paragraph 184A(2)(e) or (f) of the Commonwealth Electoral Act 1918 , that the signature on the certificate is that of the elector and that:
(i) the signature purports to be witnessed by an authorised witness; or
(ii) the signature is taken to be witnessed by an authorised witness because of subsection 65(1A); and
(b) in the case of an envelope purporting to contain a pre-poll vote ballot-paper, that the certificate has been signed in accordance with section 73D and that the signature purports to be witnessed by the officer who issued the certificate; and
(c) in the case of an envelope purporting to contain an absent vote ballot-paper or a provisional vote ballot-paper, that the declaration has been signed in accordance with section 46 or 37, or under subsection 36(4), as the case may be, and that the signature purports to be witnessed in accordance with that section or subsection, as the case requires; and
(ca) in the case of an envelope purporting to contain a provisional vote ballot-paper and in relation to which paragraph 3A applies--that the signature on the envelope is that of the elector; and
(cb) in the case of an envelope purporting to contain a postal ballot-paper, a pre-poll vote ballot-paper, an absent vote ballot-paper or a provisional vote ballot-paper, cast by an elector who is provisionally enrolled--that, by the first Friday following the polling day for that election, the elector has provided an officer with evidence that the elector has become an Australian citizen under the Australian Citizenship Act 2007
(d) in the case of an envelope purporting to contain a ballot-paper recording a vote cast at a station in Antarctica, the envelope is signed in accordance with subsection 85(1); and
(e) in the case of an envelope purporting to contain a postal ballot-paper, that the vote marked on the ballot-paper was recorded prior to the close of the voting.
6A. If the DRO is satisfied that more than one envelope that meets the requirements of paragraph 6 purports to contain a declaration vote by the same elector, the DRO must:
(a) treat only one of the envelopes, as selected by the DRO, as meeting the requirements of paragraph 6; and
(b) exclude from further scrutiny the ballot-papers contained in the other envelope or envelopes, without opening the envelope or envelopes; and
(c) seal up in a parcel the envelope or envelopes excluded from further scrutiny by subparagraph (b); and
(d) write on the parcel a description of its contents, the name of the Division and the date of the commencement of the preliminary scrutiny.
In applying subparagraph (a), the DRO should, to the extent that it is possible, select the envelope that was received first.
6B. Paragraphs 19 and 20 do not apply to envelopes excluded from further scrutiny because of subparagraph 6A(b).
7. A vote marked on a postal ballot-paper must be taken not to have been recorded prior to the close of voting if the date referred to in paragraph 65(1)(c) in relation to the postal vote certificate is a date after voting day.
7A. A vote marked on a postal ballot-paper must be taken not to have been recorded prior to the close of voting if:
(a) subsection 65(1A) applies in relation to the vote; and
(b) the date referred to in paragraph 65(1A)(a) is a date after voting day.
8. An envelope purporting to contain an absent vote ballot-paper, a provisional vote ballot-paper or a pre-poll vote ballot-paper shall not be regarded as failing to meet the requirements of paragraph 6 only because the declaration or certificate, as the case requires, is not witnessed if the voter's name appears on a record made under subsection 34(2) or section 73F, as the case requires, or, if neither of those requirements is met, if the DRO is satisfied that the ballot-paper was properly issued.
9. The DRO shall seal up in a parcel the envelopes that do not meet the requirements of paragraph 6 and shall write on the parcel a description of its contents, the name of the Division and the date of commencement of the preliminary scrutiny.
10. The DRO shall divide the envelopes that meet the requirements of paragraph 6 into groups as follows:
(a) in one group, the envelopes bearing certificates or declarations by persons who are enrolled for the Division or whose claims for enrolment are claims to which subsection 102(5) of the Commonwealth Electoral Act 1918 applies;
(b) in another group the envelopes to which paragraph 11 applies;
(c) in another group, the envelopes bearing certificates or declarations by persons who are not enrolled for the Division but are enrolled for the State or Territory in which the Division is situated;
(d) in another group, the envelopes bearing certificates or declarations by persons who are not enrolled for the Division or for the State or Territory in which the Division is situated.
11. This paragraph applies to an envelope if the DRO is satisfied:
(a) that the elector who signed a certificate or declaration on the envelope is not enrolled for the Division; and
(b) after making enquiry:
(i) that the elector was, at the time of voting, entitled to be enrolled for the Division; and
(ii) that the omission of the elector's name from the Roll for the Division was due to an error made by an officer or to a mistake of fact; and
(iii) that the omission was not attributable to subsection 118(4A) of the Commonwealth Electoral Act 1918 .
12. Subparagraph 11(b) does not apply if:
(a) more than one election (excluding the election to which the scrutiny relates) has been held since the error or mistake was made; or
(b) where there has been a redistribution of the State or Territory that includes the Division since the last election but one before the election to which the scrutiny relates, the error or mistake was made before the last such redistribution.
13. In paragraph 12, election means:
(a) a general election for the House of Representatives;
(b) a Senate election not held concurrently with a general election for the House of Representatives; or
(c) a referendum not held concurrently with a general election.
14. The DRO shall, without opening the envelopes, subject to the operation of paragraphs 19 and 21, exclude from further scrutiny the ballot-papers contained in envelopes referred to in subparagraph 10(d).
15. The DRO shall seal up in a parcel the envelopes referred to in subparagraph 10(d) and shall write on the parcel a description of the contents, the name of the Division and the date.
16. The DRO shall, after the close of voting in the Division, without unfolding or inspecting them or allowing any other person to do so, withdraw the ballot-papers from envelopes referred to in paragraph 10 that still remain in the preliminary scrutiny.
17. Ballot-papers withdrawn from envelopes referred to in subparagraph 10(a) or (b) shall be placed in a ballot-box by themselves for further scrutiny.
18. Where a ballot-paper has been finally excluded from further scrutiny, other than because of subparagraph 6A(b), the DRO shall send to the voter a written statement of the reason for the rejection.
19. In the course of a preliminary scrutiny of declaration votes, the DRO, as soon as practicable after the ballot-papers that are required, under that scrutiny, to be placed in a ballot-box under paragraph 17 are so placed, but not before the close of the poll for the Division, must:
(a) open the parcel of envelopes that contains the ballot-papers that are, under paragraph 5 and subject to the operation of this paragraph and paragraph 20, excluded from scrutiny, and deal further with those declaration votes in accordance with paragraph 20; and
(b) open the parcel of envelopes that contains the ballot-papers that are, under paragraph 14 and subject to the operation of this paragraph and paragraph 21, excluded from scrutiny, and deal further with those declaration votes in accordance with paragraph 21.
20. For the purpose of dealing further with declaration votes referred to in subparagraph 19(a), paragraphs 3 to 18, inclusive, reapply in relation to those votes as if:
(a) the words "subject to the operation of paragraphs 19 and 20," were omitted from paragraph 5; and
(b) the words "subject to the operation of paragraphs 19 and 21," were omitted from paragraph 14.
21. For the purpose of dealing further with declaration votes referred to in subparagraph 19(b), paragraphs 10 to 18, inclusive, reapply in relation to those votes as if the words "subject to the operation of paragraphs 19 and 21," were omitted from paragraph 14.